twitter facebook youtube linkedin flickr webmail

Nancy A. Welsh

Nancy Welsh

William Trickett Faculty Scholar and Professor of Law

SSRN Profile 
Curriculum Vitae

Phone: 
(717) 241-3508
Principal Office: 
Carlisle
Education: 

J.D., Harvard 
B.A., Allegheny College, magna cum laude

Professor Welsh is a leading scholar and teacher of dispute resolution and procedural law. Her research and writing examine negotiation, mediation, and arbitration. She studies the justice and self-determination offered by these processes, their potential to resolve non-legal as well as legal issues, and the appropriate relationships among these processes and the courts. Professor Welsh’s work has appeared in numerous law reviews, bar journals and books, and she is co-author of a legal textbook. In 2006, as a Fulbright Scholar, she conducted research regarding the Netherlands’ nationwide implementation of court-connected mediation and taught in Tilburg University’s Private Law Department.

Previously, Professor Welsh was the executive director of a nonprofit dispute resolution organization and advised the Minnesota Supreme Court regarding the institutionalization of ADR. When she was in private practice, she litigated federal and state claims of defamation, violation of securities laws, breach of fiduciary duty and contract, corporate mismanagement, and employment termination. Currently, she mediates federal matters, serves on the Council of the ABA Section of Dispute Resolution, and co-chairs the Editorial Board of the Section’s Dispute Resolution Magazine. She is also a member of the Editorial Board of the Conflict Resolution Quarterly. In 2010, Professor Welsh received the Law School’s Excellence in Teaching Award.

Books

Dispute Resolution and Lawyers, 5th ed. (forthcoming, 2014) (co-authored with Leonard Riskin, James Westbrook, Chris Guthrie, Richard Reuben, and Jennifer Robbennolt)

Dispute Resolution and Lawyers, 4th ed. (2009) (co-authored with Leonard Riskin, James Westbrook, Chris Guthrie, Richard Reuben, and Jennifer Robbennolt)

Monographs and Reports

National Roundtable on Consumer and Employment Dispute Resolution: Consumer Arbitration Roundtable Summary Report (April 17, 2012) (co-authored with Tom Stipanowich, Lisa Blomgren Bingham and Larry Mills)

Chapters in Books and Proceedings

"The Application of Procedural Justice Research to Judicial Actions and Techniques in Settlement Sessions," in The Multi-Tasking Judge: Comparative Judicial Dispute Resolution (Tania Sourdin and Archie Zariski, eds., 2013) (co-authored with Bobbi McAdoo and Donna Stienstra)

“The Importance of Context in Comparing the Worldwide Institutionalization of Court-Connected Mediation” and “The Bi-Modal Pattern of Mediation in the United States and Canada,” in ADR in Business: Practice and Issues Across Countries and Cultures (Arnold Ingen-Housz, ed., 2011)

“Mandatory Mediation and Its Variations,” in Investor-State Disputes: Prevention and Alternatives to Arbitration II, Washington & Lee & UNCTAD Symposium Proceedings (Susan Franck & Anna Joubin Brett, eds., 2010)

“Online Communication Technology and Relational Development,” in Rethinking Negotiation Teaching (Christopher Honeyman, James Coben & Giuseppe De Palo, eds., 2009) (co-authored with Anita Bhappu, Noam Ebner, & Sanda Kaufman)

“Mediation Confidentiality in the U.S.,” in Mediation en Vertrouwelijkheid (Hester Montree & Alexander Oosterman, eds., 2009)

“Perceptions of Fairness,” in The Negotiator’s Fieldbook (Andrea Schneider & Christopher Honeyman, eds., 2006).

“Institutionalization and Professionalization,” in The Handbook of Dispute Resolution (Michael Moffitt & Robert Bordone, eds., 2005).

“Reconciling Self-Determination, Coercion and Settlement” in Divorce Mediation: Current Practices and Applications (J. Folberg, Ann Milne and Peter Salem, eds., 2004).

Articles

"The Thoughtful Integration of Mediation into Bilateral Investment Arbitration," 18 Harv. Negotiation L. Rev., 71 (2013) (co-authored with Andrea Schneider)

"Mandatory Predispute Consumer Arbitration, Structural Bias, and Incentivizing Procedural Safeguards," 42 Southwestern L. Rev. 187 (2012) (part of AALS program on the Supreme Court and the future of arbitration)

"Becoming Investor-State Mediation," 1 Penn St. J. L. & Int'l Aff. 86 (2012) (co-authored with Andrea Schneider)

“The Current Transitional State of Court-Connected ADR,” 95 Marquette L. Rev. 873 (2012) (part of symposium issue on the future of court-connected ADR)

"The Reputational Advantages of Demonstrating Trustworthiness: Using the Reputation Index with Law Students, 28 Negotiation J. 117 (2012)

“Integrating ‘Alternative’ Dispute Resolution Procedures into Bankruptcy: As Simple (And Pure) as Motherhood and Apple Pie?” 11 Nev. L. J. 397 (2011)

“Musings on Mediation, Kleenex, and (Smudged) White Hats,” 33 La Verne L. Rev. 5 (2011) (part of symposium issue on worldwide future of mediation)

“Judicial Review of Arbitration Awards and Mediation Agreements: Tips for Sustaining Deference,” 67 APR Disp. Rol. J. 48 (2012) (co-authored with Julia Rabich and Sarah Stoner)

“I Could Have Been a Contender: Summary Jury Trial As A Means to Overcome Iqbal‘s Negative Effects Upon Pre-Litigation Communication, Negotiation and Early, Consensual Dispute Resolution,” 114 Penn St. L. Rev. 1149 (2010)

What Is "(Im)Partial Enough" In a World of Embedded Neutrals?,” 52 Ariz. L. Rev. 395 (2010)

You’ve Got Your Mother’s Laugh: What Bankruptcy Mediation Can Learn from the Her/History of Divorce and Child Custody Mediation,” 17 Am. Bankr. Inst. L. Rev. 427 (2009)

“Is That All There Is? 'The Problem' in Court-Oriented Mediation,” 15 Geo. Mason L. Rev. 863 (with Leonard Riskin, 2008)

Looking Down the Road Less Traveled: Challenges to Persuading the Legal Profession to Define Problems Humanistically,” 2008 J. Disp. Res. 45 (2008)

“Look Before You Leap and Keep On Looking: Lessons from the Institutionalization of Court-Connected Mediation,” 5 Nevada L. J. 399 (2005) (co-authored with Bobbi McAdoo)

“The Place of Court-Connected Mediation in a Democratic Justice System,” 5 Cardozo J. of Conflict Resol. 117 (2004)

“Stepping Back Through the Looking Glass: Real Conversations with Real Disputants About Institutionalized Mediation and Its Value,” 19 Ohio St. J. on Disp. Resol. 573 (2004).

“Disputants’ Decision Control in Court-Connected Mediation: A Hollow Promise[,] Without Procedural Justice,” 2002 J. Disp. Res. 179 (2002).

Making Deals in Court-Connected Mediation: What’s Justice Got To Do With It?,” 79 Wash. U. L. Q. 787 (2001)

The Thinning Vision of Self-Determination in Court-Annexed Mediation: The Inevitable Price of Institutionalization?,” 6 Harv. Negot. L. Rev. 1 (2001)